beta
(영문) 제주지방법원 2015.11.11 2015고단1311

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2013, the Defendant stated that the Defendant was liable for personal debt to the Defendant at Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, and that, even if he borrowed money from the victim B, he did not have any intent or ability to repay the money properly, and even if he was to use part of the borrowed money from the victim as gambling funds and living expenses, he would be able to operate well well with the victim’s “I want to open the last funeral, I want to open the C with a great amount of KRW 10 million because it is necessary to deposit the money, and the Defendant would have to repay the money with the funeral.”

As a result, the Defendant received KRW 10 million from the victim as the borrowed money on January 10, 2013, and acquired it by fraud, and the Defendant continued to receive KRW 19 million from the victim in the same manner as a policeman in January 2013, and the Defendant received KRW 19 million in total from the victim, such as, on January 23, 2013, he/she received KRW 19 million from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by B and a certificate of borrowing;

1. Protocol of each police statement concerning B;

1. Details of passbook transactions, business permission, business registration, lease contract; and

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

The reason for sentencing (in the range of the recommended sentencing guidelines) (in the range of the recommended sentencing guidelines), the area of mitigation of one type of general fraud: -1 year favorable circumstances: The unfavorable circumstances of the year: Three times a previous conviction and a fine;